People v. Gonzales

Angiolillo, J.P.

(dissenting). In our view, the police officers acted lawfully at all stages of their encounter with the defendant. We would hold that the officers properly investigated this matter and appropriately followed through with an immediate arrest inside the doorway of the defendant’s apartment, without infringing upon his constitutional rights. Therefore, we respectfully dissent.

At the suppression hearing, the officers testified that they received a radio run of a possible sexual assault in progress and, upon their arrival at the residence, spoke with the complainant, who was…